ORDINANCE NO. 9610

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, ENACTING CHAPTER XVI, ARTICLE 8, SECTION 16-812 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS 2018 EDITION, AND AMENDMENTS THERETO, AUTHORIZING THE CITY MANAGER TO DETERMINE THE DATES AND TIMES FOR THE PROHIBITION OF THE POSSESSION OF GLASS BOTTLES AND OTHER GLASS CONTAINERS ON CERTAIN STREETS AND PUBLIC RIGHTS-OF-WAY, AND THE CLOSURE OF ROOFTOP ACCESS AT SPECIFIED PERIODS, DURING THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION (NCAA) MEN’S BASKETBALL TOURNAMENT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. The Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended by adding Chapter XVI, Article 8, Section 16-812, which reads as follows:

16-812             CITY MANAGER TO DETERMINE TEMPORARY SAFETY REGULATIONS DURING THE NCAA MEN’S BASKETBALL TOURNAMENT. 

(A) Pursuant to the general police powers of the City of Lawrence, Kansas, in order to promote the health, safety, and welfare of its citizens, the City Manager, or his or her designee, is hereby authorized to determine:

(1) The dates and times for the periodic prohibition of the carrying or possession of glass bottles and other glass containers in the streets and public rights-of-way when such prohibitions coincide with the University of Kansas men’s basketball team’s participation in the National Collegiate Athletic Association (NCAA) Men’s Basketball Tournament, and in which the public health, safety, and welfare is benefited from such prohibition.

(2) The dates and times for the periodic prohibition of any owner, owner’s agent, or tenant to allow any person to access or otherwise enter upon the roof top of the owner’s or owners’ building located on Massachusetts Street, Lawrence, Kansas, from the north edge of Sixth Street and the south edge of North Park Street, unless necessary during an emergency, when such prohibition coincides with the University of Kansas men’s basketball team’s participation in the National Collegiate Athletic Association (NCAA) Men’s Basketball Tournament, and in which the public health, safety, and welfare is benefited from such prohibition.

(B) Except in the case of an emergency or other event in which advanced notice is impractical or infeasible, the dates and times of any action made pursuant to this Article shall be made public at least seven (7) days in advance of any such action.

(C) Any person who violates this ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed One Hundred Dollars ($100.00).

SECTION 2. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION 3. This ordinance shall take effect and be in force after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of March, 2019.

APPROVED:

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Lisa Larsen

                                                                                    Mayor

ATTEST:

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Sherri Riedemann

City Clerk

APPROVED AS TO FORM:

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Toni R. Wheeler

City Attorney